- November 17, 2023
- Posted by: legaleseblogger
- Category: Related News
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Moving into Condo in Lower Mainland: AI Legalese Decoder Can Provide Clarity
Greetings, everyone! I am thrilled to share that my roommate and I will soon be relocating to a condo in the Lower Mainland of British Columbia. Following a successful tenant interview, we are set to move in on December 1st, and the property owners will be sending us the necessary paperwork in the near future. However, there is a significant matter that requires clarification.
The property owner has suggested that the lease be in my name, with my roommate listed as an occupant, due to the perceived difficulty in pursuing a student for delinquent payments. While I have not been able to verify this information through regulations, I am concerned about whether my roommate will be protected under the Residential Tenancy Act (RTA). Furthermore, if he is not listed on the lease, I assume that I will need to establish a separate contract with him. This leads me to question my liability for my roommate’s rent arrears and damages.
Amidst my excitement for this opportunity, I must prioritize protecting my interests. Given that this unit meets my preferences in terms of location and affordability, it is essential for me to safeguard against any potential risks. I trust that my roommate will fulfill his financial obligations, but I am apprehensive about the level of risk I may be assuming.
Therefore, I seek answers to the following inquiries:
1. Under the proposed arrangement, would I be held accountable for any of my roommate’s failures in meeting rent payments or causing damages to the property?
2. What measures can I take to safeguard myself in this situation? Is it advisable to draft a comprehensive contract outlining responsibilities for damages, rent payments, and other pertinent details?
3. What are the other potential risks entailed in this arrangement for both myself and my roommate, and how can we mitigate these risks?
Your valuable insights and guidance in this matter are greatly appreciated. As a first-time renter embarking on a new career, the intricacies of renting are unfamiliar to me, and I am eager to navigate this process with prudence.
I extend my gratitude in advance for any support and advice extended to me. Thank you.
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>Under this arrangement, will I be responsible for any of my roommates failures to pay rent, damages and the like?
yes. but this is no different than if you were co-tenants. This is actually worse for the landlord as they can *only* go after you instead of being able to go after you *or* them.
>How can I protect myself? Do I need to make up a contract detailing who pays for what damages, the amount and timing of rent payments, and the like?
yes, you should look up “roommate agreements” or something, but you want to outline when rent is due, if there is a fee for late payment, how much notice either can give to end tenancy (at least one billing cycle) and any other rules you want. This agreement will not fall under the residential tenancy act, so none of those rules apply.
>What other risks does this place on me and my roommate? How might I mitigate any unforeseen risks?
If you don’t plan to kick your roommate out for no reason, the risk is pretty low for either party. As, mentioned even if you were co-tenants, each tenant is severally and jointly responsible for the unit, so if they destroyed the place, the LL could still go after you if the roommate was on the rental agreement. If they stopped paying rent, the LL could evict both if you didn’t pay the full amount that the roommate didn’t pay.
If the roommate does damage the place or stop paying rent, in either scenario (co-tenant vs occupant)_ you would have to go through the civil resolution tribunal to seek damages. But if they are a co-tenant, they can not be evicted on their own. If they are an occupant, you can evict them if the stop paying rent or whatever else without you also being removed from the place.
A major plus side is that if you plan to stay there long term and there is potential the roommate may leave, that works out for you as them leaving would **not** end the rental agreement like it normally would if they were a co-tenant.
[This RTB policy guidelines has more details.](https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl13.pdf)
My best guess is, if rent isn’t paid its 100% on you, They don’t want to be chasing multiple people.
One good part of having just your name on the lease is that if there are multiple tenants collectively on a lease agreement, if any one of them gives notice to move out, legally the lease agreement ends for all tenants. This way it doesn’t matter if your roommate moves out you don’t have to worry about your LL trying to jack up your rent under a new agreement. On the other hand, YOU are personally responsible for any and all damage and non-payment of rent by your roommate (if you were both on the agreement you both would be collectively responsible for yourselves and each other).
He is trying to protect himself. If the roommate vanishes all of a sudden then rent is your responsibility. You can say no to this proposition. But landlord also, can decline to rent you and move to the next applicant.
You will be on the hook for payments. What you can do is have your roommates parent co-sign for half the rent if they will do that. My brother had to co-sign for the place my nephew was renting when going to university. I imagine it would be the same type of thing.
Realistically, I donÔÇÖt think itÔÇÖs too much of a risk to you. Even if you had both your names on the lease, and your roommate bounced youÔÇÖd still be on the hook for all the rent etc.
I was actually just added as a ÔÇ£dependantÔÇØ when I lived with a few friends. It was fine
I’m in Ontario and my landlords did this with all their tenants in this house, including couples, and they were more transparent about their reasoning: They don’t want the lease to pass onto a co-signer if I decide to leave, so that they can increase the rent and in their words, have more control over who the lease gets passed along to.
Basically in the past, they had multiple people on the lease and then when one leaves, they bring in other people and then before the landlords know it, the people that are living in their property are not the original people brought on.
Which makes little sense because they have to approve whoever goes on the lease, but that was their BIGGEST issue and only stipulation really when I signed here in Toronto.
They just wanted everyone to go at the same time.
And straight up, its to raise the rent. Because its well under this sky-high market value since I moved in Feb 2021 and they could be getting…I would say at least 4-500 more dollars a month than they are, and over a year that’s several thousand dollars more.
Just wanted to say this just in case there’s a similar logic happening in your case.